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<br />
<br />
<br />148
<br />
<br />ORDINANCE 1988-48
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br />OF SAN MARCOS, TEXAS, ESTABLISHING A
<br />FRANCHISE AGREEMENT WITH KARNACK CORPORATION,
<br />GRANTING THE AUTHORITY,RIGHT, AND PRIVILEGE
<br />TO OPERATE AND MAINTAIN A CITY-WIDE
<br />TELEVISION SIGNAL DISTRIBUTION SERVICE FOR
<br />THE DISTRIBUTION OF AUDIO, VIDEO AND RADIO
<br />SIGNALS; AND PROVIDING THE TERMS AND
<br />PROVISIONS UNDER WHICH THE SYSTEM SHALL BE
<br />OPERATED AND MAINTAINED; AND ESTABLISHING A
<br />TERM OF THE AGREEMENT; AND ESTABLISHING AN
<br />EFFECTIVE DATE OF THE AGREEMENT.
<br />
<br />BE IT ORDAINED
<br />MARCOS, TEXAS:
<br />
<br />BY THE
<br />
<br />CITY COUNCIL
<br />
<br />OF
<br />
<br />THE
<br />
<br />CITY
<br />
<br />OF
<br />
<br />SAN
<br />
<br />That the City of San Marcos, Texas, does grant to Karnack
<br />Corporation of San Marcos, Texas, a corporation duly organized
<br />and existing under the laws of the State of Texas, the authority,
<br />right, and privilege to operate and maintain a city-wide cable
<br />television signal distribution service for the distribution of
<br />audio, video, data, and radio signals, and subject to the
<br />following terms and provisions governing the operation and
<br />maintenance of the system:
<br />
<br />1.
<br />
<br />Definitions
<br />
<br />For the purposes of this agreement, the following
<br />terms, phrases, words, and their derivations shall have the
<br />meaning given here. When not inconsistent with the context,
<br />words used in the present tense include the future; words in the
<br />plural number include the singular number; and words in the
<br />singular number include plural number. The word IIshallllis
<br />always mandatory and not merely directory.
<br />
<br />1.01 IICityll is the City of San Marcos, a municipal
<br />corporation located in the County of Hays, State of Texas.
<br />
<br />1.02 IIKarnackli is Karnack C~rporation, a Texas
<br />Corporation with headquarters in San Marcos, County of Hays,
<br />State of Texas, the grantee of privileges under this contract.
<br />
<br />1. 03
<br />
<br />IICouncilli
<br />
<br />is the City Council of the City of San
<br />
<br />Marcos.
<br />
<br />1.04 IIPersonli is any person, firm, partnership,
<br />association, corporation, company or organization of any kind.
<br />
<br />1.05 IIBasic monthly servicell
<br />minimum level of cable service for which
<br />lowest monthly fee.
<br />
<br />is defined as that
<br />Karnack charges the
<br />
<br />2.
<br />
<br />Grant of Authority
<br />
<br />2.01 City hereby grants to Karnack the right and
<br />privilege to construct, erect, operate and maintain in, upon,
<br />along, across, above, over and under its streets, alleys, public
<br />ways, places, easements, and properties, Karnack's cables, lines,
<br />necessary wiring, towers, poles, underground conduits, manholes,
<br />electronic conductors, and other fixtures necessary for the
<br />maintenance and operation of a cable television signal
<br />distribution system and service, to the extent that such use will
<br />not interfere with the public's use or the City's use, and to the
<br />extent that the City may lawfully permit the use of the above-
<br />described properties fo the purposes enumerated.
<br />
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